ORDER : Heard. 1. Both these petitions have been filed to quash FIR No.0098/2022 dated 30/04/2022 for offence registered under Section 306 read with 34 of IPC and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Two of the persons named in the FIR i.e. Jagmeer Sing Garcha and Akashdeep Singh Gill have preferred these petitions to quash the FIR. FIR was registered for the reason that one Ganga Prasad Markande committed suicide by hanging and before his death he left behind a suicide note wherein he named the present petitioners to be the cause which led him to commit suicide. 2(a) Learned counsel for the petitioners would refer to a document Annexure P-2 dated 14/02/2022 addressed to the Station House Officer, Telibandha and would submit that both the house of the petitioner and the deceased are adjacent to each other and the dispute arose in respect over some construction. Ganga Prasad the deceased wanted to raise construction which was in dispute with the present petitioners and others and it is stated by the petitioner that Ganga Prasad Markande and others they abused and threatened. Subsequently, reference is made to the letter by the Municipal Corporation, Raipur Annexure P-3 to show that the illegal construction being raised the complaint was made to the authorities and pursuant thereto a notice was issued by Municipal Corporation to the wife of the deceased to produce all the relevant documents including the map and till such enquiry is conducted they were restrained to raise any construction. 2(b) Learned counsel for the petitioner further refers to the letter written by Rajkumari Markande the wife of deceased to the Station House Officer of 21/02/2022 and subsequent letter of 7/03/2022 to show that the dispute occurred in between the parties about objection in respect of the construction. It is further submitted that initially first report was made by the petitioner complaining and objecting the construction which was followed by report of the wife of the deceased. It is stated the Municipal Corporation thereafter stayed the further construction by deceased family. Reference is further made to legal notice served by the counsel of the petitioner to the respondent and which too was replied by Annexure P-5 to show that claim and counter claim both were made. It is stated the Municipal Corporation thereafter stayed the further construction by deceased family. Reference is further made to legal notice served by the counsel of the petitioner to the respondent and which too was replied by Annexure P-5 to show that claim and counter claim both were made. 2(c) It is further contended that the suicide note which was alleged to be made by the deceased was of 9/04/2022 and the suicide was committed on 27/04/2022 i.e. 17 days after the suicide note was written. As such referring to the law laid down in (2021) 2 SCC 427 in between Arnab Manoranjan Goswami Vs. State of Maharashtra & Ors. it is submitted that proximate time of occurrence on the part of the accused which led to compel the person to commit suicide would certainly was missing with the passage of time. It is further submitted that there is no live link of suicide and suicide note since the suicide was committed 17 days subsequently and the mens rea on the part of the petitioner was completely absent as the property dispute was existing in between the parties and the petitioner never intended that Ganga Prasad Markande to commit suicide. 2(d) It is further submitted that the legal notices exchanged between the parties would show that out of the dispute deceased himself chosen path which would not be abetment which involves a mental process of instigating on the part of the petitioner or intentionally aiding a person to do a thing. He would submit that the time period passed in between the legal notices would show that there was no mens rea to commit offence and the active act and the direct link between the suicide and abetment is also not there. Reliance is also placed to AIR 2002 SC 1998 in between Sanju alias Sanjay Singh Sengar v. State of Madhya Pradesh to demonstrate that the quarrel between the accused and the deceased even if has taken place wherein deceased was told to go and die would not constitute an instigation and the presence of mens rea would be necessary. 3. Per contra, learned State Counsel would submit that the suicidal note was sent for the expert report, the State has received the report that it was written by the deceased. 3. Per contra, learned State Counsel would submit that the suicidal note was sent for the expert report, the State has received the report that it was written by the deceased. He further submits that the properties are adjacent to the house of the deceased and the petitioner, therefore dispute started and the investigation is going on. 4. Per contra, learned counsel for the complainant/respondent No.6 vehemently opposes the argument of petitioner as also State. He would submit that it is a case which would demonstrate that a person of a political party who is in power has used all the influence to influence the investigation. He would submit that the name which appeared in the suicidal note belong to a person who holds the post of Vice President of Minority Wing of the ruling party, which is being reflected in the suicidal note, therefore the State Government has not taken much interest in investigating the issue in proper prospective. He further submits that though the circumstances would show that over a period of time though the complaints were made to the police officers including higher police officers but the police failed to take any action, thereby the people i.e. the police who were to protect the people became predator. He would submit after report being made to police deceased waited for certain time and tried to survive but eventually failed in the pressure and circumstances. He further submits that the petitioners have put all the pressure to sell the property by the deceased which the deceased and the family members never agreed. Consequently, from different angle including the police & municipal corporation the pressure was exerted and eventually he succumbed to it. He relies on (2022) 2 SCC 129 in between Mahendra K.C. Vs. State of Karnataka & Anr. 5. Heard the learned counsel for the parties. 6. The documents which are filed along with the petition would show that prior to such suicide there had been exchange of notice. The first report was made by Jagmeer Singh Garcha, the petitioner on 14/02/2022 wherein the report was made alleging that Ganga Prasad Markande is trying to encroach upon certain land and have kept the goods and materials over the land belong to Jagmeer Singh Garcha, and when the request is made to remove that they have been abused. The first report was made by Jagmeer Singh Garcha, the petitioner on 14/02/2022 wherein the report was made alleging that Ganga Prasad Markande is trying to encroach upon certain land and have kept the goods and materials over the land belong to Jagmeer Singh Garcha, and when the request is made to remove that they have been abused. As against this, counter report is also made by Rajkumari Markande, respondent No.6 firstly on 21/01/2022 wherein the report was also made to the Station House Officer, Telibandha they are reconstructing their own house which was objected by Jagmeer Singh Garcha and in the public road wherein certain bricks were kept it was objected by Jagmeer Singh Garcha. It further purports that petitioners and others used to visit their house frequently and were creating pressure. The complaint stated that earlier such problem did not occur but subsequently when the re-construction was being done such report was made. Another report was made by Rajkumari Markande on the similar line and the letter was also written to the Zone Office, Commissioner Municipal Corporation on the similar line. On 7/03/2022 another letter was written that her construction was being objected by the petitioners and others & they were being abused and last in three months 16 to 18 times they visited and objected such construction. It further says that certain pandal were also put in the front of the house to stop the construction. Another letter dated 7/03/2022 is written to the police officer by Rajesh Kumar Markende that he had received certain threat phone calls from phone number 9958679402 to his mobile. The reply also contains a letter R-6/4 dated 6/04/2022 written by a group of people wherein complaint was made to the Commissioner, Municipal Corporation that Jagmeer Singh Garcha is trying to take over the government road by force. Therefore report and counter report was made in between the parties and it was eventually on 27/04/2022 Ganga Prasad Markande committed suicide by hanging. 7. After the suicide, a suicidal note dated 9/04/2022 came to fore which is been stated to be written by the deceased according to the State. Perusal of the said suicide note the allegations have been attributed to the present petitioners. This letter was written on 9/04/2022 and the suicide was committed on 27/04/2022 therefore 17 days prior to suicide, such note was written. Perusal of the said suicide note the allegations have been attributed to the present petitioners. This letter was written on 9/04/2022 and the suicide was committed on 27/04/2022 therefore 17 days prior to suicide, such note was written. The another letter written by the son of the deceased Rakesh Markande on 27/04/2022. After death of his father the report was made against Jagmeer Singh Garcha, Aakashdeep Singh Gill and others that they were forcing his father to sell the house. That report also contains certain abuse in the name of the caste. This report further speaks that initially they went to the police station and made a report but one Bhagat was made investigating officer. This report further purports that Aakash Gill and Ranveer Singh also extended threat to take back his statement as also the father was also given the threat on the ground that he is holding the post of President of Congress Minority Cell. The said letter also narrates the name of S.I. Bhagat that they had made a complaint to the S.I. Bhagat about obstruction in the construction as certain vehicle was parked in front which obstructed the construction but the police was sided with the petitioner. Further report was made that S.I. Bhagat came at 10' O clock in the night prior to the suicide and gave certain notice and he used to visit house in the night itself whereby his father was afraid and thereafter he committed suicide in the next morning. 8. What is the positive action which connect the proximate time of occurrence of suicide on the part of accused which led or compelled the person to commit suicide is a matter of investigation. It is a stage of FIR and still the investigation is to be carried out. The letter which has been written by the family members of the deceased as also the wife raises a serious allegation including the fact that the person against whom the report was made it is alleged that he has a close proximity with the ruling party as such the police is not taking interest to protect their family and one S.I. Bhagat has also been named in that. The principles laid down by the Supreme Court in (2021) 2 SCC 427 in between Arnab Manoranjan Goswami Vs. State of Maharashtra & Ors. The principles laid down by the Supreme Court in (2021) 2 SCC 427 in between Arnab Manoranjan Goswami Vs. State of Maharashtra & Ors. lays down that the abetment involves a process of instigating a person or intentionally aiding a person in doing a thing and without positive act on the part of the accused to instigate or aid committing suicide the conviction cannot be sustained under 306 of IPC and there has to be a mens rea. This principle will be equally applicable to both the sides to find out what was the mental process of instigating, and this is a matter of investigation. In the suicide note the petitioners have been named that they are only liable and for their act or commission the deceased is committing suicide. The Supreme Court in the matter of (2012) 9 SCC 734 in between Praveen Pradhan Vs. State of Uttaranchal & Anr. has laid down that in a particular case there may not be direct evidence with regard to instigation which may have direct nexus to suicide. Therefore in such case an inference has to be drawn from the circumstances and it is to be determined whether the circumstances had been such which infact has created situation that a person felt totally frustrated and committed suicide. 9. The nature of allegation which has been made by the respondent has a serious impact inasmuch as it is stated that initially when the report was made to the police, the police was dormant, therefore what was the other course open to deceased except a suicide it is a matter of investigation. In investigation the fact is required to be find out whether it would amount to an abetment or instigation. It is a matter of evidence before the Court. The Supreme Court recently in the matter of (2022) 2 SCC 129 in between Mahendra K.C. Vs. State of Karnataka & Anr. while dealing with the likewise situation has reiterated the law down in the case of Bhajan Lal which purports that where allegation made in the first information report or complaint if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence and make out a case against the accused then the power under Section 482 Cr.P.C. can be exercised. It further laid down that where the allegation in the first information report and other materials, if any accompanying the FIR do not disclose a cognizable offence, then the investigation can be quashed. In the instant case, the State has not produced the case diary to show what is the stage of investigation. Documents which are accompanying with the petition i.e. the suicide note, categorically names the petitioners and others, therefore the judgement (supra) would be applicable in facts of case wherein the Court has laid down that while adjudicating an application under Section 482 of Cr.P.C, the High Court cannot travel far away from the parameters for exercise of the jurisdiction and the task before the High Court was to determine whether allegation made in the first information report or the complaint even if are taken in their face value and accepted in their entirety did not prima facie constitute an offence or make out a case against the accused then only FIR can be quashed. Supreme Court in the such case observed that the individual personality differences manifest as a variation in the behaviour of the people, therefore how an individual copes up with a threat both physical and emotional, expressing (or refraining to express) varies greatly in view of the multi-faceted nature of the human mind and emotions varies is to be investigated in present case qua the circumstances which prevailed before such suicide was committed. 10. The facts of this case would that the deceased was holding a house and the allegation are that the petitioners created pressure to sell the house to them. The allegation also shows that the frequent pressure was created and harassment and humiliation was meted out and for non fulfillment of which the deceased approached to the police. The suicidal note also contains the abusive word in the name of the caste. Therefore merely for the reason that there has been a gap of 17 days of commission of suicide and suicidal note what circumstances prevailed is to be investigated as to what was state of affairs. The submission of respondents that police did not provide any help instead supported the petitioner also is of serious nature and the circumstances needs to be investigated why deceased took a drastic step. In view of such observation, I am not inclined to allow these petitions, as the same sans merit. 11. The submission of respondents that police did not provide any help instead supported the petitioner also is of serious nature and the circumstances needs to be investigated why deceased took a drastic step. In view of such observation, I am not inclined to allow these petitions, as the same sans merit. 11. Accordingly, both the petitions are dismissed. There is a serious allegation have been made in respect of the IO S.I. Bhagat. 12. Considering the fact same serious allegations have been levelled against police, it is directed that copy of this order be sent to the Superintendent of Police, Raipur and after examination if he in his discretion feels, the matter may be handed over to any officer of his choice for fair investigation. He may do so to restore the faith of victim.